Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 40 - DESIGN OF EARTH DAMS
Section 5-40-26 - Request to issue or reconsider hazard class determination
Universal Citation: KS Admin Regs 5-40-26
Current through Register Vol. 43, No. 39, September 26, 2024
(a)
(1) If an owner or applicant does not agree
with the hazard classification determined for a dam, the owner or applicant may
file a request for reconsideration of the hazard class determination.
(2) Each request for
reconsideration shall be submitted in writing and shall indicate the following:
(A) The owner's or applicant's proposed
hazard classification;
(B) the
basis of that proposal; and
(C) an
explanation of why the owner or applicant believes that the determination of
the hazard classification by the chief engineer is incorrect. The request shall
also contain documentation and analysis that support the request.
(3) Each request for
reconsideration shall be filed with the chief engineer within 15 days after the
owner or applicant is served with written notice of the hazard classification
by the office of the chief engineer or within any extension of time authorized
by the chief engineer in writing.
(b) Each request for reconsideration shall be reviewed by the chief engineer, and a final written determination of the hazard classification shall be made by the chief engineer.
(c) If the chief engineer has not issued a written notice of the hazard classification, the owner or applicant may request a written notice after the owner or applicant has been informed verbally of the proposed hazard classification by the chief engineer.
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